You can challenge illegal termination in court
Wrongly terminated
Hi, I joined a electronics manufacturing company on 21st December, after reporting on that date, I came to know that there is shift related issue, over working hours, accommodation issue. The settlement is in remote area of chennai. So I informed the HR that I don't want to continue. HR asked me to send an email, and I sent him the resignation mail and left the place. They haven't replied to my resignation mail. After 20 days I received an termination letter from them stating that I have worked there for 10 days and then absconded without informing them. After that I joined a new company and there I found that that previous company has created my pf account. So the company name is showing under pf service history. They have also contributed one day of pf wage there. So I mailed them multiple times even begged for any kind of relieving or no due certificate or clearance letter, also I confronted them saying that, I have already sent them resignation mail, still how can they tag me as an absconder. As a result they have updated pf exit date same as pf entry date, that is 21st December. Also I haven't signed the appointment letter which has all the contract details. As per me they can't terminate me as I haven't agreed to their terms and conditions. Currently all the companies are doing bgv Based on pf service history, so I'm im feared of failed bgv although I'm an innocent. Could someone please help me here.
Asked 17 hours ago in Labour
11 Answers
Complain against company to labour commissioner for wrongful termination
Settle the dispute out of Court. You can get an order from Court but it will take years and your name in market will be spoiled. If you want to approach you can file a suit in Civil Court seeking direction to employer. Labour Commissioner has no jurisdiction to accept your case as your not a "workman" within the definition of I.D. Act.
How to solve this matter out of court? Who can help me here could you please let me know?
Asked 6 hours ago
You have to take legal proceedings to set aside termination order
contact a local lawyer
In the absence of accepting the employment by signing the employment offer letter, there is no question of terminating your services.
Though you reported for appointment since you have not accepted the employment, the company's act of terminating your employment is unlawful and illegal;
When you have already intimated them about your unwillingness to joint them, then they cannot declare you absconder as well as the PF id created is also an illegal act.
Therefore you may first issue a legal notice demanding the company to set aside their illegal termination a well as to reverse the PF data created on your name failing which you can proceed to court of law for proper remedy and relief.
You can approach an advocate in the local having expertise in this field and first issue a legal notice strongly which will bring the company to a compromise situation
On that day, I signed the PF documents; based on that, they created a PF account for me. However, I never signed the appointment letter, which contains all contract and termination terms and conditions. I could send them a legal notice, but I fear the consequences and potential negative feedback to my future employers from that company.
Asked 5 hours ago
If you want a legal solution to permanently solve this problem then you may have to approach the employer and get it solved amicably otherwise you may have to adopt legal options to solve it instead of worrying over it forever without looking for a solution
You are right, it is easy to advise legal notice but consequences will be faced by you giving work to legal professional at the cost your record. You need to approach directly. Going through some third party will be taken by the employer as an attempt intimidation. Approach tactfully, find out if any senior employee is in your friend circle, take help from him. Any assistant from lawyer will land you in legal tangle.
Thanks. I have emailed them several times; they never replied to my emails. I had to call HR multiple times to get my PF records corrected. Now they have stopped receiving my call as well.
Asked 4 hours ago
If they are refusing to accede to your reasonable requests take legal proceedings against company
If you don’t take legal proceedings company will not take any action
You will not get any relief by adopting such acts.
You may have to issue a legal notice and pursue the matter through a lawyer if you want any relief.